Victorian Consolidated Legislation

Crown Land (Reserves) Act 1978 - SECT 8

Reserved lands not to be sold, leased or licensed

8. Reserved lands not to be sold, leased or licensed



(1) Any land which has been reserved either temporarily or permanently under
section 4 shall not (except as authorized by this or any other Act) be sold
leased or licensed unless the reservation thereof has been revoked and any
purported sale lease or licence of such land shall be absolutely void as well
against Her Majesty as all other persons whomsoever.

(2) An Act other than this Act (whether passed before or after the
commencement of this subsection) must be taken to authorise the sale, leasing
or licensing of land reserved temporarily or permanently under section 4 only
if it expressly, and not merely by implication, authorises the sale, leasing
or licensing of-

   (a)  that particular land; or

   (b)  any class or description or Crown land or reserved land that includes
        that land; or

   (c)  Crown land or reserved land generally.

(3) For the purposes of subsection (2)(b) and (c) an Act which authorises the
sale, leasing or licensing of land, without expressly referring to Crown land
or reserved land, must not be taken to authorise the sale, leasing or
licensing of Crown land or reserved land.

(4) This section has effect despite any Act or rule of law to the contrary,
including any rule of the common law.